Saturday, July 11, 2020
Home Fact-Check Political Fact-Check Manish Tewari misleads the parliament by saying Article 370 was permanent. Here are the...

Manish Tewari misleads the parliament by saying Article 370 was permanent. Here are the facts

Every article of the constitution is India can be amended using due process, even its preamble was amended during the emergency by Indira Gandhi government

Also Read

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

Yesterday the Article 370 of the Indian Constitution was abolished when the Lok Sabha approved a presidential resolution abolishing the Article invoking the provision of clause 3 of Article 370. The resolution got more vote than the strength of NDA, which means several opposition parties voted for it.

Congress party had opposed the move, and in doing so, they had even resorted to misinterpretation that the Article 370 is permanent and it can’t be revoked. Participating in the debate on the resolution, senior Congress leader Manish Tewari argued that clause 3 of the Article 370 implies that it was meant to be permanent. He had read out the clause 3, which reads:

Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:

Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

This clause means that the president may revoke the Article 370, but a recommendation of the Constituent Assembly is required to do so.

[youtube https://www.youtube.com/watch?v=EIOzsZSkFrs]

He argued that this provision was kept to give the Article 370 a permanency, as the Constituent Assembly does not exist anymore, which was dissolved in 1957. His argument is that since the Constituent Assembly does not exist to approve the abolition of Article 370, this Article is permanent.

Manish Tewari made only selective reading to mislead the house and country to claim that Article 370 is permanent, which is not correct.

First, the Article 370 itself is included in the part of Part XXI of the constitution, which is titled Temporary and Transitional provisions. This means, every article included in Part XXI, are supposed to be temporary and transitional, they are never meant to be permanent like the Congress leader was claiming. Even the first prime minister of India and Congress leader Jawaharlal Nehru had said that Article 370 is temporary.

Article 370 is part of Temporary and transitional provisions of constitution

Article 370 was temporary, because it was created to apply provisions of Indian constitution selectively in the state till the time the state constitution was ready, and it was supposed to be abolished after preparation of the Jammu and Kashmir constitution. But the Constituent Assembly dissolved itself in 1957 without recommending removal of Article 370, and it remained in the constitution.

Every article of the constitution is India can be amended using due process, even its preamble was amended during the emergency by Indira Gandhi government, so it is completely wrong to say that Article 370 is permanent. The fact that requirement of approval of a non-existing Constituent Assembly was there to abrogate it was an anomaly, which should have been corrected long ago.

Just like everything in the constitution, including the preamble, can be amended, the requirement of abolishing an Article also can be amended, which was done using the constitutional provisions itself by the government.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

Trending now

Police encounters and ‘secular privilege’ in Indian politics

Between 2002 and 2007, the National Human Rights Commission (NHRC) found 440 cases of suspected “fake” encounters by the police across India.

1500-year-old Cathedral Hagia Sophia converted to a mosque, President Erdogan says it’s Turkey’s ‘sovereign right’

Turkey's President Recep Tayyip Erdogan announced that a 1500-year-old Orthodox Christian Cathedral in Istanbul named Hagia Sophia would be converted into a mosque

Kerala: Locals in Coronavirus hotspot Poonthura protest against lockdown restrictions, spit on healthcare workers collecting swab samples

Locals of the fishing suburb of Poonthura near Thiruvananthapuram attacked a team of health workers, including a doctor, who had gone to collect swab samples

The spin around Vikas Dubey encounter reminds about the police-raid against Mohammad Shahabuddin in Siwan

While people are saying “dead men tell no story” after Vikas Dubey encounter, Md Shahabuddin narrated no tales even after jailed for years

When Rajnath Singh fought for the country but lost an election

Today is the birthday of Defense Minister Rajnath Singh. And let me tell you a story about the time Rajnath Singh lost from Mohana Assembly constituency in the 1993 elections to the Uttar Pradesh Assembly.

Delhi anti-Hindu riots: Sahil’s father Parvez died in 3 different ways, in 2 different locations, 16 Hindus named in the FIR

Sahil Parvez had stated that his father was shot in front of their house in his statement to the media. His complaint letter to the police several weeks later suddenly shifts the location, identifies 16 'attackers' by name and makes a lot of contradictory claims, read details.

Recently Popular

The curious case of ‘Drone Boy’ who has made 600 drones using broken mixer grinders and televisions. A fact-check

While 'drone boy' Prathap NM has claimed to have made 600 drones using e-waste, not a single photo or video of them exist

Netizens ask Netflix to cancel comedian Kenny Sebastian’s special show after he hurls obscene abuses

Social media users are demanding that Netflix reconsiders special show of Indian comic Kenny Sebastian after he was allegedly found hurling obscene abuses to people on his Instagram page.

The Wire accused Yogi Adityanath of being ‘casteist’ for not killing Vikas Dubey hours before the encounter of the gangster

Notorious gangster, Vikas Dubey, who was arrested from Ujjain, Madhya Pradesh was killed in an encounter in the wee hours of the morning on Friday

After obscene comments, clip of comedian Kenneth Sebastian calling Sanskrit ‘most useless language ever’ goes viral. Watch video

In the video titled "Journey to the centre of my brain", Sebastian is seen thanking God because 'all the people who spoke Sanskrit are dead'.

Vikas Dubey killed in an encounter after he attempts to flee from police custody: Here is what happened

The encounter broke out between Vikas Dubey and the Uttar Pradesh Special Task Force (STF) after the gangster tried to flee upon reaching Kanpur.

With Apple’s plans to exit China, its Taiwanese supplier Foxconn to invest $1 billion in India in iPhone manufacturing unit

Foxconn to expand its iPhone produciton unit in Tamil Nadu with $1 billion investment to make more models as Apple moves out of China

Rajasthan Special Operations Group issues notices to CM Ashok Gehlot and DyCM Sachin Pilot over allegations of attempts to topple their govt

After Rajasthan CM Ashok Gehlot alleged attempts to topple his govt, SOG issues notices to him and DyCM Sachin Pilot to record statement

Andhra Pradesh: Locals write to NHRC after state authorities fail to act against illegal church construction in Kadapa

District authorities ignore illegal church construction evicting SC families from their homes, locals write to NHRC

Police encounters and ‘secular privilege’ in Indian politics

Between 2002 and 2007, the National Human Rights Commission (NHRC) found 440 cases of suspected “fake” encounters by the police across India.

‘Safeguarding cows is our priority’: Minister says Karnataka preparing to implement a ban on cow slaughter

Prabhu Chauhan, the Animal Husbandry Minister in Karnataka, informed that the BJP government is in the process of implementing cow slaughter ban in the state

1500-year-old Cathedral Hagia Sophia converted to a mosque, President Erdogan says it’s Turkey’s ‘sovereign right’

Turkey's President Recep Tayyip Erdogan announced that a 1500-year-old Orthodox Christian Cathedral in Istanbul named Hagia Sophia would be converted into a mosque

Kerala: Locals in Coronavirus hotspot Poonthura protest against lockdown restrictions, spit on healthcare workers collecting swab samples

Locals of the fishing suburb of Poonthura near Thiruvananthapuram attacked a team of health workers, including a doctor, who had gone to collect swab samples

Terrorist Abid Hakani went to Pakistan for training before killing BJP leader Wasim Bari, caught on CCTV footage near Bandipora

The Islamic terrorist, who unleashed terror and killed the BJP leader Wasim Bari and his two family members at their shop in Bandipora, north Kashmir has been identified by the security forces.

The spin around Vikas Dubey encounter reminds about the police-raid against Mohammad Shahabuddin in Siwan

While people are saying “dead men tell no story” after Vikas Dubey encounter, Md Shahabuddin narrated no tales even after jailed for years

“I feel free after ages. This is an end to the era of terror”, says Lallan Vajpayee who was on the hit-list of slain...

Vikas Dubey had multiple attempts to kill Lallan Vajpayee in the party, Vajpayee celebrates the death of Dubey in Police encounter

Connect with us

235,497FansLike
403,240FollowersFollow
272,000SubscribersSubscribe